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no. b-000119-c melinda matthews, individually ) in the district court ...

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138<br />

1 Dairy Queen before it could be transferred?<br />

2 A Yes.<br />

3 Q Did <strong>the</strong> Strickland Drive Dairy Queen<br />

4 playground have to come <strong>in</strong>to compliance with <strong>the</strong> CPSC<br />

5 before American Dairy Queen would give that approval?<br />

6 A American Dairy Queen wasn't approv<strong>in</strong>g<br />

7 playgrounds or disapprov<strong>in</strong>g playgrounds. That was an<br />

8 option.<br />

9 Q So, it is your testimony and op<strong>in</strong>ion from <strong>the</strong><br />

10 documents you have been shown that <strong>the</strong> Strickland Drive<br />

11 Dairy Queen could be transferred even if <strong>the</strong> playground<br />

12 was <strong>no</strong>t <strong>in</strong> compliance with <strong>the</strong> CPSC?<br />

13 A My op<strong>in</strong>ion is that <strong>the</strong> playground was <strong>no</strong>t part<br />

14 of <strong>the</strong> transfer. It might have been part of <strong>the</strong> assets<br />

15 by sale purchase agreement, but it wasn't part of <strong>the</strong><br />

16 transfer of <strong>the</strong> franchise agreement.<br />

17 Q And my question is: Would American<br />

18 Dairy Queen allow <strong>the</strong> Strickland Drive franchise to be<br />

19 transferred if <strong>the</strong> Strickland Drive playground was <strong>no</strong>t<br />

20 <strong>in</strong> compliance with <strong>the</strong> CPSC?<br />

21 MR. LIGHTY: Object to form.<br />

22 A My understand<strong>in</strong>g is that those two were <strong>no</strong>t<br />

23 connected at that po<strong>in</strong>t <strong>in</strong> time.<br />

24 Q And we are talk<strong>in</strong>g about back <strong>in</strong> 1999?<br />

25 A Uh-huh.

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